Social Security Fraud Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Second Marshalled List ofAmendments to the
Social Security Fraud Bill [H.L.] to be moved in Committee in the House
of Lords.

[Amendments marked * are new or
have been altered]

Amendment
No.

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER

46

Page 4, line 43, leave
out from ("may") to end of line 45 and insert ("enter into arrangements
with that person under which authorised officers may obtain by electronic
access to those records the information which they could have requested
by a notice issued in accordance with section 109B(1)")

47

Page 4, line 44, leave
out ("officers") and insert ("inspectors subject to the Secretary of State's
code of practice")

48

Page 4, line 45, leave
out ("such")

49

Page 4, line 45, at end
insert ("subject to the granting of the appropriate order of the court")

50

Page 5, line 9, leave out
("particular") and insert ("specified")

51

Page 5, line 10, leave
out ("could") insert ("should")

52

Page 5, line 13, leave
out ("that a person is required to enter into") and insert ("entered into
with a person")

53

Page 5, line 24, at end
insert ("; and

(e) such arrangements as are necessary to provide the person
with a report upon the investigation should they either be incidental
to the investigation in process or, if the subject of that investigation,
found to be innocent of any wrongdoing")

54

Page 5, line 43, leave
out from ("may") to end of line 45 and insert ("enter into arrangements
with that person under which authorised officers may obtain by electronic
access to those records the information which they could have requested
by a notice issued in accordance with section 109B(1)")

55

Page 6, line 7, leave out
("particular") and insert ("specified")

56

Page 6, line 7, leave out
from ("person") to end of line 11

57

Page 6, line 13, leave
out ("that a person is required to enter into") and insert ("entered into
with a person")

58

Page 6, line 28, after
("entitled") insert ("subject to the terms of the code of practice")

Page 7, line 16, leave
out from ("that") to ("in") in line 19 and insert ("arrangements are in
force for requiring the making of payments to cover costs")

BY THE BARONESS NOAKES
THE EARL RUSSELL

61

Page 7, line 18, leave
out from ("authorising") to end of line 38 and insert ("payments to be
made to any person for information obtained by virtue of the powers contained
in subsection (2A) of section 109B.")

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER

61A*

Page 7, line 34, at end
insert--

("( ) any local authority;")

BY THE BARONESS NOAKES
THE EARL RUSSELL

62

Page 7, line 39, leave
out subsection (2) and insert--

("(2) The payments referred to in subsection
(1) shall be calculated so as to be equivalent to the costs reasonably
incurred by the persons referred to in subsection (1) above in providing
the information obtained by virtue of the powers contained in subsection
(2A) of section 109B.")

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER

62A*

Page 8, line 17, at end
insert--

("( ) For the purpose of
complying with duties under this section, the costs of doing so shall
be met by monies provided by Parliament.")

BY THE EARL RUSSELL
THE LORD GOODHART

The above-named Lords
give notice of their intention to oppose the Question that Clause 3 stand
part of the Bill.

(" .--(1) The
Secretary of State shall prepare a code of practice on the use and processing
of personal data for purposes associated with the provisions of this Act
or the relevant provisions of any enactment amended by this Act.

(2) A copy of any code of practice
prepared under the provisions of this section shall be laid before Parliament.

(3) Before he lays before Parliament
a copy of any code of practice prepared under this section, it shall be
the duty of the Secretary of State to publish a draft of that code and
consider any representations made to him about that draft by--

(a) the Data Protection Commissioner, and

(b) any other person or body,

and he may modify that draft accordingly.

(4) A code of practice prepared under
the provisions of this section shall not come into effect until it has
been approved by resolution of each House of Parliament and issued by
the Secretary of State.

(5) The Secretary of State may from
time to time revise the whole or any part of a code of practice issued
under the provisions of this section, and the provisions of subsections
(1) to (4) above shall apply to any such revision, with appropriate modifications.

(6) It shall be the duty of the individual
nominated by the Secretary of State to keep under review compliance with
any code of practice issued under the provisions of this section, and
in pursuance of this duty he shall have power to require the provision
of any information necessary to him in the discharge of this duty.

(7) Where the individual nominated
by the Secretary of State considers that the provisions of any code of
practice issued under this section have been breached, then such a breach
will be deemed to be a breach of the principles to which that part of
the code relates.

(8) The Secretary of State shall lay
before Parliament annually a report on the monitoring of compliance with
any code of practice issued under this section.")

Code of practice.

64

Insert the following new
Clause--

(" .--(1) The
Secretary of State shall prepare standards of disclosure relevant to the
use of personal data for purposes associated with the provisions of this
Act or the relevant provisions of any enactment amended by this Act.

(2) The Secretary of State shall also
put in place procedures for the disclosure of information by "authorised
persons" under the legislation to individuals incidental to an investigation
or who are found not to have committed an offence.

(3) Compliance with the standards shall
be part of the code of practice.

(4) The Secretary of State may from
time to time revise the whole or any part of the standards.

(5) The individual appointed by the
Secretary of State to oversee the code of practice and shall also monitor
and report on the application of the standards.")

Page 10, line 42, at end
insert ("provided always that no such reduction shall exceed 10 per cent.")

69

Page 10, line 49, at end
insert ("provided always that no such reduction shall exceed the rate
of 10 per cent.")

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER

70

Page 11, line 27, at end
insert--

("Likewise any third party either informed of
the restriction or contacted as part of the investigatory process shall
be notified of the quashing of the conviction.")

BY THE EARL RUSSELL
THE LORD GOODHART

71

Page 11, line 39, leave
out ("(subject to any regulations under section 9(1))")

72

Page 12, line 5, leave
out ("and to any regulations under section 9(1)")

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER

73

Page 12, line 11, leave
out paragraph (d)

BY THE EARL RUSSELL
THE LORD GOODHART

74

Page 12, line 22, leave
out from second ("references") to ("to") in line 24

BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS CARNEGY OF LOUR

75

Page 12, line 24, at end
insert ("; and

( ) in Scotland, reference to a conviction shall
not include situations where a person has been found guilty of a benefit
offence but has been made the subject of a probation order or discharged
absolutely by the court")

BY THE EARL RUSSELL
THE LORD GOODHART

The above-named Lords
give notice of their intention to oppose the Question that Clause 6 stand
part of the Bill.